SANTANA v. STATE

No. 44852.

148 P.3d 741 (2006)

Vincent Mark SANTANA, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

December 28, 2006.


Attorney(s) appearing for the Case

Philip J. Kohn, Public Defender, and Kedric A. Bassett, Josie Tessie Bayudan, and Amy Dreifus Coffee, Deputy Public Defenders, Clark County, for Appellant.

George Chanos, Attorney General, Carson City; David J. Roger, District Attorney, James Tufteland, Chief Deputy District Attorney, and Thomas M. Carroll, Deputy District Attorney, Clark County, for Respondent.

Before the Court En Banc.


OPINION

HARDESTY, J.

Under Nevada's coercion statute, NRS 207.190, commission of an act of coercion using physical force, or using an immediate threat of physical force, constitutes a felony. Coercion committed without either of these components is a gross misdemeanor. In this appeal, we consider which test should be applied to determine if a threat is immediate, future, or incapable of being performed. To determine whether a defendant is criminally...

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